[WSBAPT] Is entering a deceased person's home a civil matter or a crime

[Andrekita Silva]

Law Office of F. Andrekita Silva
______________________________________________________________



February 9, 2024

I meant  "I.P.", not "I.C."



Andrekita Silva
Law Office of F. Andrekita Silva
1325 Fourth Avenue, Suite 940
Seattle, Washington 98101-2509
206-224-8288
ak at seattle-silvalaw.com





On 2024-02-08 21:56, Andrekita Silva wrote:
> Law Office of F. Andrekita Silva
> ______________________________________________________________
> 
> February 8, 2024
> 
> Listserve,
> 
> Is this a civil matter or a crime?
> 
> Mr. D is divorced in 2017. One 24 yr old adult I.C. lived with Dad
> under his guardianship. Younger 17 year old lives with Mom elsewhere.
> 
> Mr. D dies unexpectedly last week.  Prior to death, Mr. D asked
> sister/aunt to care for I.C. child and be successor Guardian and to
> take care of his business (no time to prepare Last Will.)
> Mr. D gives sister his phone so that she can access any info she might
> need.   Aunt took I.C. to her house. So, Mr. D's home is uninhabited
> at the moment.
> We just filed a Petition for Successor Guardian.
> 
> Tonight, EX-wife goes over to Mr. D's home with 17 year old daughter
> and 3 adult men. They remove screws from backdoor window and access
> the house.
> They turn off security cameras in the living room. Remove screws on
> bedroom door locks and access the bedrooms.
> 
> Dad had security cameras and aunt gets notifications of movement in
> the home. After 30 minutes, she notices the notifications going off
> for 1/2 hour at uninhabited home so she calls sheriff.
> Aunt goes to Mr. D's home. Aunt calls me and I speak to the sheriff.
> 
> Sheriff says "nothing we can do, this is a civil matter. No one is in
> charge as Mr. D deceased."
> I said "This home is owned by Mr. D.  Daughter lives with Mom
> elsewhere. No permission to remove window and enter, or to remove
> locks. Why isn't this breaking and entering?"
> Sheriff insists "this is a civil matter. You need to go to court and
> decide who is in charge." ( I assume they are referring to probate and
> appointment of PR).
> Sheriff leaves.  Ex-W, 3 men and 17 year old stil in home.
> 
> Is this a civil matter or a crime?
> 
> Andrekita Silva
> Law Office of F. Andrekita Silva
> 1325 Fourth Avenue, Suite 940
> Seattle, Washington 98101-2509
> 206-224-8288
> ak at seattle-silvalaw.com
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